Build Intelligence Terms of Service

Effective date: May 25, 2018

Thank you for using Build Intelligence Apps and Services! We're happy you've choosen Build Intelligence for you company's business needs. Please read this Terms of Service agreement carefully before accessing or using Build Intelligence. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

Summary

SectionWhat can you find there?
A. DefinitionsSome basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
B. Account TermsThese are the basic requirements of having an Account on Build Intelligence.
C. Acceptable UseThese are the basic rules you must follow when using your Build Intelligence Account.
D. User-Generated ContentYou own the content you post on Build Intelligence. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
E. Intellectual Property NoticeThis describes Build Intelligence's rights in the website and service.
F. API TermsThese are the rules for using Build Intelligence's APIs, whether you are using the API for development or data collection.
G. Third Party ApplicationsWe have a few rules for creating apps for other Users, and another set of terms for Build Intelligence Marketplace.
H. PaymentYou are responsible for payment. We are responsible for billing you accurately.
I. Cancellation and TerminationYou may cancel this agreement and close your Account at any time.
J. Communications with Build IntelligenceWe only use email and other electronic means to stay in touch with our users. We do provide phone support.
K. Disclaimer of WarrantiesWe provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
L. Limitation of LiabilityWe will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
M. Release and IndemnificationYou are fully responsible for your use of the service.
N. Changes to these Terms of ServiceWe may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.
O. MiscellaneousPlease see this section for legal details including our choice of law.

A. Definitions

Short version:We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

  1. The โ€œAgreementโ€ refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the โ€œTerms of Serviceโ€ or the "Terms") and all other operating rules, policies (including the Build Intelligence Privacy Statement, available at Build Intelligence.com/privacy/index.html) and procedures that we may publish from time to time on the Website.
  2. The โ€œServiceโ€ refers to the applications, software, products, and services provided by Build Intelligence.
  3. The โ€œWebsiteโ€ refers to Build Intelligenceโ€™s website located at buildintelligence.com, and all content, services, and products provided by Build Intelligence at or through the Website. It also refers to Build Intelligence-owned subdomains of buildintelligence.com.
  4. โ€œThe User,โ€ โ€œYou,โ€ and โ€œYourโ€ refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
  5. โ€œBuild Intelligence,โ€ โ€œWe,โ€ and โ€œUsโ€ refer to Build Intelligence, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. โ€œContentโ€ refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. โ€œUser-Generated Contentโ€ is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
  7. An "Account" represents your legal relationship with Build Intelligence. A โ€œUser Accountโ€ represents an individual Userโ€™s authorization to log in to and use the Service and serves as a Userโ€™s identity on Build Intelligence. โ€œOrganizationsโ€ are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account is a member of an Organization.

B. Account Terms

Short version:User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

  • Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.

  • Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organizationโ€™s data and Content. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity), in which case additional information will be necessary for billing purposes.

3. Account Requirements

We have a few simple rules for User Accounts on Build Intelligence's Service.

  • You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
  • You may not create an Account for the use of any User under the age of 13. Build Intelligence does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that Userโ€™s Account immediately. If you are a resident of a country outside the United States, your countryโ€™s minimum age may be older; in such a case, you are responsible for complying with your countryโ€™s laws.
  • Your login may only be used by one person โ€” i.e., a single login may not be shared by multiple people. An Organization may only provide access to as many User Accounts as your subscription allows.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.

  • You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
  • You are responsible for maintaining the security of your Account and password. Build Intelligence cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify Build Intelligence if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

5. Additional Terms

In some situations, third parties' terms may apply to your use of Build Intelligence. For example, you may be a member of an organization on Build Intelligence with its own terms or license agreements; you may download an application that integrates with Build Intelligence; or you may use Build Intelligence to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

Short version:Build Intelligence hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using Build Intelligence, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Build Intelligence employees, officers, and agents, or other Build Intelligence Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with Build Intelligence's servers in ways that could harm our Website or Service, to place undue burden on Build Intelligence's servers through automated means, or to access Build Intelligence's Service in ways that exceed your authorization.
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Build Intelligence, or by fraudulently misrepresenting your identity or site's purpose; or
  • violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Build Intelligence's express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Build Intelligence's API. Please see Section F for our API Terms. You may scrape the website for the following reasons:

  • Researchers may scrape public, non-personal information from Build Intelligence for research purposes, only if any publications resulting from that research are open access.
  • Archivists may scrape Build Intelligence for public data for archival purposes.

You may not scrape Build Intelligence for spamming purposes, including for the purposes of selling Build Intelligence users' personal information, such as to recruiters, headhunters, and job boards.

All use of Build Intelligence data gathered through scraping must comply with the Build Intelligence Privacy Statement.

6. Privacy

Misuse of Build Intelligence Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Build Intelligence must comply with the Build Intelligence Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Build Intelligence Privacy Statement). If you collect any Build Intelligence User's Personal Information from Build Intelligence, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Build Intelligence, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Build Intelligence or Build Intelligence Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Build Intelligence customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. User-Generated Content

Short version:You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Build Intelligence May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Build Intelligence terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us โ€” and other Build Intelligence Users โ€” certain legal permissions, listed in Sections D.4 โ€” D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting Build Intelligence the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 โ€” D.5. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Build Intelligence the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Build Intelligence the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Intellectual Property Notice

Short version:We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Build Intelligence's Rights to Content

Build Intelligence and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law.

F. API Terms

Short version:You agree to these Terms of Service, plus this Section H, when using any of Build Intelligence's APIs (Application Provider Interface), including use of the API through a third party product that accesses Build Intelligence.

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Build Intelligence via the API may result in the temporary or permanent suspension of your Account's access to the API. Build Intelligence, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Build Intelligence's rate limitations.

You may not use the API to download Content from Build Intelligence for spamming purposes, including for the purposes of selling Build Intelligence users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Build Intelligence API is subject to these Terms of Service and the Build Intelligence Privacy Statement.

Build Intelligence may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Build Intelligence's Service.

G. Third Party Applications

Short version:You need to follow certain rules if you create an application for other Users, and there are additional Terms that cover the Marketplace.

1. Creating Applications

If you create a third-party application or other developer product that collects User Personal Information or User-Generated Content and integrates with the Services through Build Intelligence's API, OAuth mechanism, or otherwise ("Developer Product"), and make it available for other Users, then you must comply with the following requirements:

  • You must comply with this Agreement and the Build Intelligence Privacy Statement.
  • Except as otherwise permitted, such as by law or by a license, you must limit your usage of the User Personal Information or User-Generated Content you collect to that purpose for which the User has authorized its collection.
  • You must take all reasonable security measures appropriate to the risks, such as against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, presented by processing the User Personal Information or User-Generated Content.
  • You must not hold yourself out as collecting any User Personal Information or User-Generated Content on Build Intelligenceโ€™s behalf, and provide sufficient notice of your privacy practices to the User, such as by posting a privacy policy.
  • You must provide Users with a method of deleting any User Personal Information or User-Generated Content you have collected through Build Intelligence after it is no longer needed for the limited and specified purposes for which the User authorized its collection, except where retention is required by law or otherwise permitted, such as through a license.

2. Using Third-Party Applications

You may grant a Developer Product authorization to use, access, and disclose the contents of your content and data, including your private content and data. Some Developer Products can be used for performing automated tasks, and often times multiple Users may direct the actions of a Developer Product. However, if you purchase and/or set up a Developer Product on your Account, or you are an owner of an Account with an integrated Developer Product, then you will be responsible for the Developer Product's actions that are performed on or through your Account. Please see our Privacy Statement for more information about how we share data with Developer Products.

Build Intelligence makes no warranties of any kind in relation to Developer Products and is not liable for disclosures to third parties that you authorize to access Your Content. Your use of any third-party applications is at your sole risk.

H. Payment

Short version:You are responsible for any fees associated with your use of Build Intelligence. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Build Intelligence.

2. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Build Intelligence any charge incurred in connection with your use of the Service. If you dispute the matter, contact Build Intelligence Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

I. Cancellation and Termination

Short version:You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with Build Intelligence. You can cancel your Account at any time by contacting our sales or support team.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile, content and data within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, or termination. You must make this request within 90 days of cancellation, termination, or downgrade.

3. Build Intelligence May Terminate

Build Intelligence has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Build Intelligence reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

J. Communications with Build Intelligence

Short version:We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Communications made through email or Build Intelligence Support's messaging system will not constitute legal notice to Build Intelligence or any of its officers, employees, agents or representatives in any situation where notice to Build Intelligence is required by contract or any law or regulation. Legal notice to Build Intelligence must be in writing and served to:

Build Intelligence LLC.
2538 NE Division St.
Bend, Oregon 97703

You may also send a courtesty copy to legal@buildintelligence.com

K. Disclaimer of Warranties

Short version:We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Build Intelligence provides the Website and the Service โ€œas isโ€ and โ€œas available,โ€ without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Build Intelligence does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

L. Limitation of Liability

Short version:We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

M. Release and Indemnification

Short version:You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Build Intelligence from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneysโ€™ fees, arising out of your use of the Website and the Services, including but not limited to your violation of this Agreement, provided that Build Intelligence (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Build Intelligence of all liability); and (3) provides to you all reasonable assistance, at your expense.

N. Changes to These Terms

Short version:We want our users to be informed of important changes to our terms, but some changes aren't that important โ€” we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

O. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Build Intelligence and any access to or use of the Website or the Services are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions. You and Build Intelligence agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Bend, Oregon.

2. Non-Assignability

Build Intelligence may assign or delegate these Terms of Service and/or the Build Intelligence Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. Except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of your business or assets, subject to Notice to Build Intelligence, You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the partiesโ€™ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Build Intelligence to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Build Intelligence, or by the posting by Build Intelligence of a revised version in accordance with Section N. Changes to These Terms. These Terms of Service, together with the Build Intelligence Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Build Intelligence relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Publicity

If you publicly display the name of your company or organization on your Account or otherwise publicly display its trademarks or logos on your profile page, you allow us to use your company's or organization's name to identify you as a Build Intelligence customer in our promotional materials. You may revoke this permission by hiding your company or organization name from public display and notifying us in writing to stop using your organization's name in our promotional materials. However, Build Intelligence will have no obligation to remove or recall any prior use or distribution of the promotional materials.

7. Questions

Questions about the Terms of Service? Contact us.